DAYOBA.COM TERMS AND CONDITIONS

DAYOBA.COM ("DAYOBA.COM") provides the information contained on this website and the pages comprising the website ("website") and advertises and sells the services to you, subject to the terms and conditions set out herein and as may be referenced herein ("the terms"). For the purposes of these terms, services means those services offered for subscription by DAYOBA.COM from time to time via the website.

  1. Acceptance
    By accessing the website, you agree to be bound by the terms. DAYOBA.COM may at any time modify any of the terms and such modification will supersede and replace any previous terms. The amended terms will be made available on the website. Each time you access the website you agree to be bound by the terms, as may be modified from time to time.


  2. Content of the Website.
    Whilst every effort is made to update the information provided on this website on a regular basis, DAYOBA.COM makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time. DAYOBA.COM reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website.


  3. User Name and Password
    [PLEASE CONFIRM THAT THIS PROCESS IS CORRECT] Before subscribing to the services via the website, you will be obliged to enter your personal user name or number allocated to you by DAYOBA.COM ("user name") and your personal password ("password"). You undertake to ensure that your user name and password is not disclosed to any third party and to immediately report any actual or potential unauthorised access to or use of your user name and password. On receipt of such communication, DAYOBA.COM reserves the right to reject any communication received from you, suspend the processing of any communications and orders not yet executed by DAYOBA.COM and immediately deactivate your password and user name. You shall thereafter be obliged to refrain from accessing the services until such time as a new password and/or user name, as the case may be, has been authorised by DAYOBA.COM. DAYOBA.COM may from time to time require you to change your password and/or user name, as the case may be, and you undertake to comply with such instruction immediately.

    Please note that each subscriber requires his or her own user name and password. Should two users access the website using the same user name and password at the same time, the account linked to that user name will be frozen and you will need to contact DAYOBA.COM on [email protected]DAYOBA.COM and arrange for the account to be reactivated.


  4. Verification.
    1. You agree that all instructions, consents, orders and any other communications which purport to originate from you or a person who had authority to act on your behalf in respect of such communication or an information system programmed by or on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively "the originator") and which are sent to DAYOBA.COM electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by DAYOBA.COM and you will be bound by such instruction with no liability of whatever nature attaching to DAYOBA.COM in regard thereto.


    2. You waive any rights you may have or obtain against DAYOBA.COM arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that DAYOBA.COM acts on your instructions/orders or instructions/orders purported to emanate from you and you indemnify DAYOBA.COM against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that DAYOBA.COM has acted on your instructions/orders or instructions/orders which purport to emanate from you.


  5. Subscription to the services. [PLEASE CONFIRM PROCESS - I ASSUME THAT THERE ARE NO ACTUAL PRODUCTS OR PROPERTIES SOLD ON THE WEBSITE]
    1. The advertising of services via the website merely constitutes an invitation by DAYOBA.COM for you to make an offer to subscribe to and use the services. Once you have selected the service to which you wish to subscribe and submitted your subscription to DAYOBA.COM, you will be given the opportunity to review the entire transaction and correct any mistakes, before electing whether to withdraw from the transaction or proceed with the transaction. [note at this point in the subscription process, the subscriber will need to be directed to these terms and conditions]


    2. By clicking on the "subscribe" or button you are deemed to have submitted an offer to subscribe to the services selected by you ("subscription"). DAYOBA.COM reserves the right to cancel the subscription for any reason on notice to you. Receipt of a confirmation of the subscription will be sent to you once we receive your subscription.


    3. A transaction to subscribe to a service will only be deemed to have been concluded once all amounts payable by you for the subscription to the services have been received by DAYOBA.COM.


    4. description of main characteristics of goods offered by DAYOBA.COM: [create hyperlink to services];


    5. the full price of services, including all costs, taxes and other fees or costs: [create hyperlink to page where subscription fees are set out]


    6. DAYOBA.COM may make use of arbitration to settle dispute with its customers and suppliers. A copy of the rules of the Arbitration Forum of South Africa may be obtained from DAYOBA.COM directly. Should you require a copy thereof, please contact DAYOBA.COM on [email protected].


  6. Cooling off Period and Returns.
    You may cancel your subscription to the services at any time.


  7. Privacy and Security. All personal information obtained by DAYOBA.COM by virtue of your use of this website is protected as set out in our privacy and security policy [create hyper link to privacy policy]. Further, the security processes and procedures used by DAYOBA.COM to protect information transmitted via the website are also set out in the privacy and security policy.


  8. Copyright and Intellectual Property Rights. Copyright and all intellectual property rights in all materials, texts, drawings and data made available on this website (collectively "the materials") are owned by DAYOBA.COM alternatively, DAYOBA.COM is the lawful user thereof and are protected by international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of DAYOBA.COM. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of DAYOBA.COM.

    Copyright and all intellectual property rights including vests with DAYOBA.COM.


  9. External links. External links may be provided for your convenience, but they are beyond the control of DAYOBA.COM and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of DAYOBA.COM.


  10. Unlawful use. You shall not use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify DAYOBA.COM against any loss, liability, damage or expense of whatever nature which DAYOBA.COM or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any message or material as aforesaid.


  11. Warranties, Disclaimers and Limitation of Liability.

    1. Save as set out in the terms, DAYOBA.COM makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website and the services and the website and services made available via the website are provided "as is".


    2. Neither DAYOBA.COM nor its directors shall be responsible for and hereby disclaim all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website and/or any information contained on or via the website and/or your use of the services. Without limiting the generality of the aforegoing, neither DAYOBA.COM nor its directors shall be liable for any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third party service provider to render any services which are necessary to ensure the availability of the website. You hereby indemnify DAYOBA.COM or its directors against any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid. Notwithstanding anything to the contrary contained herein, DAYOBA.COM shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance of any information offered on or via the website.


    3. Without limiting the generality of the aforegoing, DAYOBA.COM shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order or subscription be stopped or cancelled.


    4. By accessing the website, you warrant and represent to DAYOBA.COM that you are legally entitled to do so and to subscribe to the services.


  12. Use of the Website: DAYOBA.COM does not make any warranty or representation that information advertised on the website are appropriate for use in any jurisdiction.


  13. Address for Service
    1. The address for service for all purposes relating to these terms of use including the giving of any notice, the payment of any sum, the serving of any process, is the address set out in Error: Reference source not found and telefax number set out in Error: Reference source not found.


    2. DAYOBA.COM shall be shall be entitled from time to time, by giving notice to you to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.


  14. General

    1. The terms constitute the sole record of the agreement between you and DAYOBA.COM in relation to the subject matter hereof. Neither you nor DAYOBA.COM shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and DAYOBA.COM in respect of the subject matter hereof. No indulgence or extension of time which either you or DAYOBA.COM may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.


    2. DAYOBA.COM shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.


    3. All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.


    4. Should DAYOBA.COM be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as DAYOBA.COM is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has fist occurred then DAYOBA.COM shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of G-d, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.


    5. These terms shall be governed by and construed in accordance with the laws of the Republic without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.


This policy was last updated on 16 September 2010.

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